Can I sue workers’ comp for pain and suffering?
In Michigan, workers’ comp law does not allow an injured worker to sue for pain and suffering damages and won’t pay for them because workers’ compensation is the exclusive remedy against your employer and you don’t have to go to civil court to prove that your employer did anything wrong to receive these benefits.
Below we’ve provided some information to help you understand what benefits you can pursue and how. To speak with a work comp attorney today, call us at (844) 345-0952, or you can fill out our consultation form. The call is free and the advice is free.
What are pain and suffering damages?
In a pain and suffering lawsuit, an injury victim sues the person or business who caused his or her injury for pain and suffering damages. Pain and suffering damages are monetary damages paid to an injury victim for the “pain and suffering” he or she endured as a result of negligence.
The elements of pain and suffering include:
- physical pain and suffering
- mental anguish
- shock or fright
- loss of social pleasure
- humiliation, mortification or embarrassment.
Does workers’ comp pay for pain and suffering?
In Michigan, your exclusive remedy against your employer is workers’ compensation which means that workers’ comp won’t pay for pain and suffering damages. The reason you can’t collect these damages under workers’ comp is because Michigan law is a compromise between employer and employee interests.
In Michigan, workers cannot sue in civil court (thus, no pain and suffering damages) because they have “no-fault” workers’ comp benefits. In other words, you do not have to prove that your employer did anything wrong to receive workers compensation benefits.
Workers compensation provides all of your medical care, lost wages and attendant care. Here’s more information on exactly what workers compensation pays if you win your case.
If workers’ comp doesn’t pay for pain and suffering damages, are there any other ways I can purse recovery for these damages?
In Michigan, there are other ways you can receive pain and suffering damages even if workers’ comp doesn’t pay for them. You can pursue a separate pain and suffering lawsuit against any other person or business responsible for your injury.
These cases usually arise when you are injured by a defective machine or you are involved in an auto accident that is not your fault. You can recover any damages that would be allowed in a traditional tort (wrongful act) action, including pain and suffering.
Will receiving pain and suffering damages affect my work comp case?
In Michigan, though workers’ comp doesn’t pay for pain and suffering damages it is important to know that any compensation recieved for pain and suffering — after deducting a proportionate share of costs and attorney fees — will first reimburse your employer or its insurance company for workers’ compensation benefits that were previously paid.
The balance of the recovery will be paid directly to you and treated as an advance payment of any future workers compensation benefits.
Your future wage loss benefits under Michigan workers comp will not be stopped. However, they will be reduced based upon a complicated formula. Usually, this reduction will be approximately 50 percent of your weekly benefits. While this sounds unfair, the law contends that you will have received additional compensation from the person or business who actually caused your injury.
Medical and vocational rehabilitation benefits under workers compensation will continue to be paid, regardless of how much you recover from the at-fault party. This holds true for as long as you need treatment.
Does workers’ comp pay for pain and suffering damages if I was involved in a work-related auto accident?
In Michigan, though workers’ comp doesn’t pay for pain and suffering damages special rules apply when you are injured in a work-related auto accident and you can sue the negligent driver for those damages. You will not have to pay workers compensation back for medical treatment for the first three years that you receive wage loss benefits.
What if it seems my employer intended to hurt me?
Under some limited circumstances, you may be able to bring an intentional tort action against your employer. You must prove that your employer actually intended to hurt you. This is extremely difficult to prove and these cases are rarely filed. Should you be successful, you can recover additional damages outside of workers compensation.
Co-workers are also protected by the exclusive remedy provision just like your employer. You cannot sue a co-worker unless you can show that he or she intended to hurt you.
Should I settle my work comp case?
Though workers’ comp doesn’t pay for pain and suffering damages, you should never try to settle a work injury case without speaking with an experienced workers’ comp lawyer, because you could unknowingly be giving up important legal rights and may miss out on recovering other damages besides workers’ compensation.
Many times if you settle your workers compensation claim, you can negotiate with your employer or its insurance company to waive their statutory lien rights. This means that you can keep 100 percent of the money you recover from the person or business who caused your injury.
The goal should always be to maximize the amount of compensation that you receive so that you can avoid economic hardship and recover from your work injury. It is very important to talk to an experienced workers compensation lawyer who can help you recover all the compensation under the law.
Injured on the job and wondering if workers’ comp will pay for pain and suffering damages? Call our attorneys now for a free consultation!
Though Michigan workers’ comp doesn’t pay for pain and suffering damages you still may be able to recover them for your work-related injuries. Call now (855) 221-2667 or fill out our contact form for a free consultation with one of our experienced attorneys. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from work-related injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.